IRENE GLEN HOMEOWNERS ASSOCIATION RULES AND REGULATIONS.

Transcription

1 Revision 4 August 2005 IRENE GLEN HOMEOWNERS ASSOCIATION RULES AND REGULATIONS. 1. INTRODUCTION 2. GOVERNING BODY 3. SERVICES 4. RULES OF CONDUCT 1. Use of Streets 2. Streetscape 3. Environmental management 4. General 5. Fireworks and Fire -arms 6. Pets 7. Good Neighbourliness 5. SECURITY 1. Access Control 2. General 6. TENANTS, VISITORS, CONTRACTORS AND EMPLOYEES 7. LETTING AND RE-SELLING PROPERTY 8. ADVERTISING 9. BUILDING GUIDELINE 10. ADMININSTRATION 1

2 IRENE GLEN HOMEOWNERS ASSOCIATION RULES AND REGULATIONS. 1. INTRODUCTION. 1.1 Irene Glen is a rural residential development. The purpose of these Rules and Regulations are to ensure a quality lifestyle and its protection, for all residents. 1.2 The rules contained herein have been established in terms of the Memorandum and Articles of the Irene Glen Homeowners Association (IGHOA), a Section 21 company. They are binding upon all residents of Irene Glen, as is any decision taken by the directors of the section 21 Company interpreting these rules. 1.3 The registered owners of the properties are responsible for ensuring that members of their families, visitors, employees and tenants abide by these rules, including contractors who work for them. 1.4 Happy and harmonious community living is achieved when residents care for and enjoy their private property as well as the public areas of the Estate. 1.5 Concerning the interpretation of these rules, the decision of the Board is final and binding. In the interpretation of any rule, words will carry the normal everyday meaning, as found in the general tongue. 1.6 These rules are subject to change from time to time. 1.7 Any homeowner or resident having issue or complaint or suggestion is strongly advised to hand such issue, complaint or suggestion in writing to the Estate Manager or to forward it directly to the Chairman of the Board. 2. GOVERNING BODY. 2.1 The governing body of the Irene Glen Homeowners Association, a Section 21 Company consists of up to 7 directors, with a chairperson, nominated and elect by the directors. 2.2 The administration of the Estate is the sole responsibility of the elected Board of Directors who may delegate managerial powers to an Estate Manager. 2.3 The Directors may amend or add to the Rules from time to time as may be deemed necessary. Any rules amended will be published and circulated by way of insert with monthly statements. Complete sets of amendments and additions will be made available at every AGM. Copies may be obtained at the office of the Estate Manager at the resident s own cost. 2.4 The IGHOA have the right to introduce and enforce payment of fines against transgressors of any of the rules contained in this document or its annexes or Amendments. When any such fine is levied it will form part of the next monthly levy statement and will be due and payable on due date of payment. Fines to be 2

3 approved/reviewed at each AGM. 3. SERVICES. 3.1 Each stand will have one water connection.water is supplied in bulk from Rand Water Board. 3.2 All Homeowners share the responsibility to maintain the water reticulation in good working order to prevent any leaks. 3.3 IGHOA will read the water meters for usage and supply a monthly account. All stands will have a water meter easily accessible for meter reading purposes with a stopcock to turn of stand s water supply in case of emergency. The meter will be installed by IGHOA ; the cost for the owner s account. Authorisation for installation of a meter will be made when the owner hands in the building plans for approval and installed on commencement of building operations. 3.4 Each stand will have one electrical connection. The Metropolitan Council of Tshwane supplies electricity to Irene Glen Estate. Impact Meters CC have been appointed to handle the meter reading and billing of electricity consumption until further notice. They will furnish a standard usage deposit as well as a monthly account and should be approached for connection on commencement of building operations. 3.5 Refuse removal has been outsourced. No refuse or refuse bags may be placed on the pavement except on collection days, currently Tuesdays. Refuse must be placed in a plastic bag in the bin supp lied. Bins to be removed from sidewalk as soon as possible after collection. 3.6 Residents are encouraged to make use of the recycle facilities at the main gate. Residents are responsible for the placing of recyclable refuse in the bins. Paper, plastics, cardboard, bottles, tins, styrofoam. 3.7 General garden refuse may not be placed on the kerbside or sidewalk, except if a collecting agent will be removing it within a period of 8 hours. No refuse may be dumped on vacant stands. The dumping site for refuse in Elarduspark is open 6 days a week. 3.8 The Estate Manager, prior to the engagement by residents of collecting agents services, must approve such agents and they must to be registered according to the rules and regulations applicable to contractors, regarding access and security control. 4. RULES OF CONDUCT. 1. Use of streets within the Estate. The streets form part of the streets of the HOA and are for use of all residents, cars not being the dominating users. Offenders of the rules can have fines levied against them. 1.1 The speed limit is restricted to 40km/h 1.2 Pedestrians and cyclists have right of way, complying however to normal road safety rules. 3

4 1.3 Gauteng Road Traffic Ordinance rules are still in force on the Estate. 1.4 Parents are solely responsible for their children playing the the streets of the Estate. 1.5 Internal combustion engine powered vehicles are not allowed to drive anywhere except in the streets of the Estate. No test driving of any vehicle will be allowed on any of the roads within the Estate. 1.6 No unlicensed or non-roadworthy will be allowed to use the roads in the Estate. 1.7 No unlicensed drivers will be allowed to operate on the roads in the Estate. 1.8 No parking on sidewalks or hard shoulders will be allowed. 1.9 No motorised mode of transport of whatever nature, save for the Estate maintenance, are allowed in or on any footpaths or in the flood plains. 2. Streetscape. 2.1 Every owner has a responsibility to the Irene Glen community to maintain the area between the road kerb and boundary of his property. 2.2 Damage to the kerbside, traffic signs and lampposts will be for account of the offender or the legal guardian of minors or the principals of contractors. The need for repairs of such damages is to be reported to the Estate manager who will instruct the responsible party to repair the damage within a specified period of not more than 3 working days, after which the repair will be effected by the IGHOA to the cost of the offender. In the event of appeals or contesting of fact, a written presentation should be addressed to the Board to be dealt with at the first Board meeting thereafter. 2.3 Kerbsides and sidewalks may not be used as parking for visitors. 2.4 Kerbsides and sidewalks may not be used as storage facility for building or gardening materials. The IGHOA will remove these deposits at the owners expense. 2.5 On occupation of a stand the owner should as soon as possible, and not later than three months level, clean and establish a sidewalk. 2.6 Garden fences and walls forming part of the streetscape must be maintained and painted when and where necessary. Notice will be given the owner to effect such maintenance within one week after which maintenance will be done at the owners cost. 2.7 No resident/owner may refuse receipt and or delivery of any notices in terms of the Rules. Refusal will result in the placement of the notice in the normal fashion, in attachment to the gate and or front door of the abode. Such service will be effected by the Estate Manager appointed by the IGHOA and will be sufficient service of such notices. 2.8 Caravans, trailers, boats, Wendy houses, toolsheds, washing lines, equipment, tools, engine and vehicle parts as well as accommodation for pets should be sited out of view and screened from neighbouring properties. 2.9 Vehicle repairs and washing of cars may not be undertaken on kerbs on the roads within Irene Glen No trees may be removed from the sidewalks without permission Planting of trees and shrubs should not interfere with traffic or obscure the vision of motorists. Should trees be planted on the sidewalks, owners should liase with the Estate Manager to prevent trees being planted on top of water or sewer main lines. 4

5 3. Environmental Management. The degree of environmental care exercised by a community says much for the level of culture and refinement attained by the said community Unknown author. 3.1 No rubble or refuse to be dumped or discarded in any public area or vacant plot. 3.2 The IGHOA has a fire management policy in respect of the river area and the security fence. 3.3 Residents and visitors are urged to leave any open or public space they visit in a cleaner condition than in which it was found. 3.4 Flora may not be damaged or removed from any public area or any vacant stand. 3.5 Fauna of any nature may not be chased or trapped in any area of the estate. 3.6 No rocks may be removed from the estate except with the written approval of the owner of the stand, or in the case of open areas the approval of the IGHOA. 3.7 No trees may be broken for the purpose of making fires. Refer also to building guidelines. 3.8 Residents are responsible for maintaining trees, plants and shrubs planted on their pavements. 3.9 All residents are expected to maintain a high standard of garden frontage on to streets and/or green areas Swimming pool water may not be emptied onto the green areas. All new pools drainage must be channeled into the sewerage reticulation downstream from the septic tank. Details available from the Estate Manager s office No noxious plants should be allowed to grow in the estate. Lists designating undesirable plants are available at the Estate Manager s office Vacant plots to be kept clean and veld grass to be kept short to prevent veld fires as well as for security reasons. Veld grass should not be allowed to grow higher than 60cm. Grass higher than the prescribed height will be trimmed by the IGHOA after due notice of one week has been served on the owner. Thereafter the grass will be trimmed by th IGHOA and the expense thereof will be added to the monthly levy account Owners are to protect their properties against the spread of veld fires by cutting a firebreak within their stands at the beginning of each winter No burning will be allowed without prior approval being obtained from the Estate Manager Residents using any of the open spaces within the Irene Glen boundaries, including the river area do so entirely at their ow n risk at all times Residents and visitors should note that the water of the river is not safe for swimming purposes Residents should keep to the footpaths in the open areas. 4. General 4.1 The volume of music or electronic instruments should be tuned to a level so as not be heard on adjacent properties. 4.2 Partying has to be conducted with the minimum noise generation and no music, noise or merrymaking may be heard outside the boundaries of the applicable stand between midnight and 08h00. Unruly and noisy guests and visitors will be escorted off the Estate and may be refused future access. 5

6 4.3 The conduct of domestic workers are the responsibility of the resident of the premises. Unruly domestic workers will be removed from the premises and will be barred permanently from the Estate. 4.4 All mechanical maintenance and the use of power saws, lawnmowers and the like should only be undertaken during the following hours: > May to August 07:30 18:00 > September April 07:00 19:00 > Sundays 08:00 13:00 and 16:00-18: Washing should be hung on lines screened from the street and neighbouring properties. 5. Fireworks and Firearm use. 6. Pets. 5.1 No fireworks may be set off on any part of the Irene Glen Estate. As the law has prohibited the discharge of fireworks criminal charges may be brought against any perpetrator. 5.2 Discharging a firearm in a residential area has been outlawed, therefor no firearms may be discharged within Irene Glen Estate save for emergency and self-defence purposes. Discharging a firearm for recreational purposes or reasons other than self-defence and emergencies will be met with criminal charges. 6.1 Without the written approval of the IGHOA no resident may keep more than four dogs and two cats on his property. 6.2 No poultry, pigeons, aviaries, wild animals or livestock to be kept on Irene Glen Estate. Application for approval in writing may however be made. Full details as to housing and facilities to be attached. Each application to be considered on where located and its merit No pets are allowed to roam the streets. Owners may be fined. Persistantly roaming or stray pets will be impounded. 6.4 Pets must be walked on a leash in public areas. 6.5 Any excrement deposited in a public area is the sole responsibility of the proud owner of the pet, who will ensure that it is removed without delay. 6.6 Owners of pets are encouraged to provide each pet with a collar with a tag indicating the address and telephone number of its owner. 6.7 The IGHOA reserves the right to request the owner to remove their pets should they become a nuisance within Irene Glen. 6.8 People viewing Irene Glen will not be allowed to walk their dogs. Pets must be kept in the vehicle at all times with the necessary safety precautions for the animal s comfort. 7. Good neighbourliness. 7.1 No business activity or hobby, which would cause aggravation or be a nuisance to fellow residents, may be conducted, including auctions and jumble sales. 6

7 7.2 No business may be conducted from the private properties within Irene Glen without prior permission received in writing from the Board of Directors. The Estate Manager does not have the authority to allow or approve business rights in Irene Glen. 7.3 All applications to conduct business from stands within Irene Glen must be submitted in writing to the Estate Manager, who will place the application to be heard at the next Board Meeting. Results will be received within 24 hours from date of the Board Meeting. The Board decision is final and no appeal is possible. 7.4 The following criteria will be taken into consideration when the Board considers an application: 5. SECURITY Will the business cause an influx of visiting vehicles onto the Estate? Will the business generate noise and what would the extent of the noise be? What would the effect of the business be on the immediate neighbouring stands? Will the business enhance the desirability for criminal elements? Would the business be dependent on advertisement and high visibility? Is the business beneficial to the general character of the Estate? Would the business enhance the desirability of the Estate for prospective investors? Would the business enhance the general value of the Estate, not have any effect on it, or be detrimental thereto? Would the business require additional building construction on the intended premises? Has another resident already received permission to conduct a similar business? What do the direct neighbours of the applicant have to say about the conducting of the intended business. Security guards may not be threatened to gain entrance under any circumstances or abused verbally or physically by any resident, owner or visitor. Security can only be as secure as its access control and is dependant upon the adherence to the rules applied thereto. A standard form of access is necessary both for residents, owners and visitors and will be adhered to strictly by the security officers. IGHOA reserves the right to amend any security policies and procedures without prior notice if so required and inform residents as soon as possible thereafter. 1. Access Control. 1.1 All residents are required to conform to and be in possession of the current required access facility. 1.2 Residents are requested to treat all security officers in a co-operative and patient manner. No outbursts or any form of verbal abuse towards security officers will be tolerated. 1.3 Residents should notify the security at the access who is being expected is being expected and when. If the security has not been notified the visitor will be kept waiting until the resident has been notified. 7

8 1.4 Visitors must complete the register, and will receive a visitors card when entering the Estate. Visitors must return the visitors card upon exit. Failure to do so will result in the security officer refusing exit. 1.5 Prospective buyers will only be allowed into Irene Gle n Estate if accompanied by an appointed sales representative. Owners wishing to sell their stand through an estate agent must inform the Estate Manager in order that the security may be instructed to allow such an agent to enter Irene Glen with prospective buyers. No prospective buyers will be allowed in Irene Glen without the owners or the appointed estate agent. 1.6 No sightseers will be allowed access. 1.7 Customers of owners conducting business from their home will be treated as visitors and must enter through the visitors lane complying with the required procedures preferably with prior notification to the security officers. No entry via residents entrance will be allowed. 1.8 Residents are advised to install a home security system and to link the system to the central system at the Access gate. Linkup to the security firm responsible will then be automatic. 1.9 Pedestrian entrance is also controlled. Each pedestrian having to be identified and issued an ID card before being allowed access It is the resident/owner s responsibility to obtain sn access card for his building contractor from the IGHOA. The contractor then has the responsibility of complying with the access regulation for his workers and sub-contractors. All workers must have valid ID books and/or South African work permits. Access permission must at all times be available for inspection within the boundaries of Irene Glen Estate All domestic workers and gardeners will be issued with ID cards, to be worn or carried at all times. Owners are requested to submit to the Estate Manager s office, on the employing of such workers, two ID photos of the worker, name and copy of the worker s ID book, together with the stand number where working, employer s name and allocated working days Resident domestic workers and gardeners may have a limited number of visitors when so authorised by the resident. Resident being fully responsible for their activities while in Irene Glen Resident domestic workers and gardeners may not wander around Irene Glen between 21h00 at night and 06h00 in the morning. Transgressor s ID cards may be confiscated and they will not be allowed future access No domestic workers and/or gardeners may visit the security officers or stand around at the access gate. No seekers after employment will be allowed access and no loitering will be tolerated Owners are requested to inform the Estate Manager in writing should they have arranged removal of goods of any nature. 2. General. 2.1 No resident will be allowed to have a night watchman on the premises, either during or after building has been completed. 2.2 All residents living on property adjacent to Irene Glen boundary must ensure that a minimum area of meters on their side of the fence be kept clean of any flora, ensuring that the electric fence is not compromised and allowing for access in case of maintenance and action in case of a breach. 8

9 2.3 No resident/owner may refuse access to their property in case of maintenance of the boundary fence, security related equipment, or to the water or sewerage reticulation. Maintenance in all cases will be co-ordinated with the residents by the Estate Manager. 2.4 Spot-checks and vehicle inspection with regard to access will be done randomly and acted on accordingly. 2.5 All security related complaints or suggestions must be directed to the elected person responsible for security or to the Estate Manager. 6. TENANTS, VISITORS, CONTRACTORS AND EMPLOYEES. 6.1 All visitors are expected to abide by the rules of the IGHOA 6.2 The residents, whether owners or lessee s of any property in Irene Glen are liable for the conduct of their visitors, contractors and employees and must ensure that such parties know and adhere to the rules. 6.3 Every owner must ensure that contractors in his employ adhere to the stipulations of the Contractor s Code of Conduct which is available for perusal at the Estate Manager s office. 7. LETTING AND RESELLING PROPERTY. 7.1 Should any owner wish to sell or lease his property, only an accredited Estate agent may be selected to manage the sale or lease. In event of private sales, the owner will comply mutates mutandis. 7.2 Estate agents should operate on a By Appointment basis in which case they must personally accompany prospective buyers and are not allowed to erect :For Sale, Show House or Sold signage boards anywhere other than one such sign at the primary entrance to the property. 7.3 The owner must ensure that the Estate agent is given a copy of the Rules and Regulations, Architectural Guidelines, Contractors Code of Conduct and any other administrative regulations applicable at the time. 7.4 The owner must inform the Estate Manager when a property is for sale or being leased. On a sale being successfully concluded the Estate Manager must once again be informed. 7.5 Should any owner successfully let his property, they shall advise the Estate Manager in writing and in advance of the intended occupation by a lessee. The owner must supply the name of the Lessee and personal information such as ID number, alternative contact address and telephone number, as well as the period of effect of such lease. The onus rests on the owner to inform the Lessee of all rules and regulations and to have the Irene Glen rules and regulations made an express condition of the lease agreement. The lessee must be bound to adhere to such rules. 8. ADVERTISING. 8.1 No advertising will be permitted with Irene Glen Estate. The no-advertising zone starts at the entrance road opposite the St. George s Hotel and includes the whole of Irene Glen save in the cases stipulated in 7.2 of 7 Letting and reselling property. 9

10 8.2. Owners and residents who are contemplating naming their property, must obtain written permission from the IGHOA prior to erection of the plaque and/or lettering. This stipulation is made to prevent undesirable language and/or improper, offending and prohibited names being used. 8.3 Bronze lettering or plaques are preferred. Ceramic lettering, pottery and concrete ornamental murals are acceptable. 9. BUILDING GUIDELINES. 9.1 All dwellings must comply with the Architectural Guidelines which are available at the Estate Manager s office. 9.2 All plans must be submitted to the IGHOA for approval prior to submission to Kungwini Local Municipality. 9.3 No excavation or building may commence until the plans have been approved and the pavement deposit paid to the IGHOA Water connection and meter will be authorised by IGHOA and installed on plan approval and commencement of building activities. 9.5 Electrical connection to be applied for to Impact Meters C.C. Estate Manager can be approached. 9.6 Each owner must provide a toilet for builders on site prior to commencement of work. 9.7 Each building site must be provided with an access road prior to commencement of building. 9.8 No building materials may be unloaded and/or stored on the roads, sidewalks, river area or any other property other than that belonging to the owner. 9.9 Building will only be allowed Monday to Saturday. Building on Sundays or public holidays will only be allowed with the consent of all adjacent stand owners. (Refer to Contractors Rules) 9.10 Owners must provide firewood for the builders. Builders will not be allowed to use wood from Irene Glen. If a person is found guilty of removing wood for fires from the communal area or unoccupied stands in Irene Glen Glen, the owner of the stand where the guilty party works, will be fined. The amount will be determined by IGHOA It is the responsibility of the owner to ensure that his builders are aware that they are prohibited from erecting animal traps Building workers are not allowed to wander away from the stand on which they are working. If workers are required to work between building sites, their going to and fro must be under strict supervision from the person in charge Security regulations with regard to identification must be adhered to and be available for inspection at all times All vehicles entering Irene Glen are to be roadworthy. Should any damage occur as a result of the roadworthiness of a vehicle the owner of the stand, responsible for the presence of the vehicle, will be held accountable for damages. 10. ADMINISTRATION The administration of Irene Glen is solely the responsibility of the elected Board of Directors. They may decide to delegate certain or all of the managerial powers to the Estate Manager All levies are due and payable in advance on the first day of each and every month. 10

11 10.3 Interest will be raised on all accounts in arrears at the rate quoted by The Standard Bank of South Africa Limited, from time to time, plus 2% Further penalties to be determined from time to time, will be imposed on owners with accounts in arrears for 60 days or longer Any unpaid account, due for a period exceeding 60 days will be handed to the appointed attorneys and/or collection agents, for collection. 11

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13 Filename: Homeowners Rules Directory: C:\Documents and Settings\Hanlie\My Documents\Irene Glen Homeowners\Welcome pack\2006 Template: C:\Documents and Settings\Hanlie\Application Data\Microsoft\Templates\Normal.dot Title: Homeowners Rules alterations Subject: Author: Private Keywords: Comments: Creation Date: 3/13/2006 4:35 PM Change Number: 2 Last Saved On: 3/13/2006 4:35 PM Last Saved By: Hanlie Total Editing Time: 2 Minutes Last Printed On: 4/12/ :27 PM As of Last Complete Printing Number of Pages: 12 Number of Words: 3,931 (approx.) Number of Characters: 22,407 (approx.)